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Agreement Is Restraint Of Legal Proceedings Is

Opublikowano: wrzesień 9th, 2021 by foto-klinika |

With regard to article 28 of the Contracts Act, there is no doubt that that section does not contain implementing agreements to extend the limitation period. Under section 23 of the Contracts Act, such an agreement extending the limitation period, contrary to what was provided for in the Contracts Act, as it would nullify the provisions of the Statute of Limitations – Jawaharlal v. Mathura Prasad. [9] Section 3 of the Statute of Limitations clearly provides that any action brought after a statute of limitations is dismissed, although the statute of limitations has not been defined as a defence. On the contrary, a contract that does not limit the period within which the insured has been able to enforce his rights and only limits the time during which the contract remains alive is not contrary to section 28 – Pearl Insurance Co v. Atmaram[8]. In Hyman against Hyman, a separation contract provided that the wife would not apply to the divorce court for maintenance and it was found to be null and void as it violated public policy. But in a later case, the wife`s obligation not to invoke the divorce court over the maintenance of the child and of himself was totally invalid. The agreement could be applied in a case where the spouses have agreed to a financial agreement under the Nisi Decree, provided that the marriage houses are handed over to the wife, and that she agrees to waive all maintenance rights and renounce them. . .

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